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Foxit PhantomPDF 5.5 - Parent Directory

Foxit PhantomPDF 5.5 - Parent Directory

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<strong>Foxit</strong> <strong>PhantomPDF</strong> <strong>5.5</strong>User ManualUpgrade Protection Term, You may renew participation in Support, Maintenance andUpgrade Protection services for additional annual term(s) provided You (a) are current on allpayments due to <strong>Foxit</strong> and (b) pay <strong>Foxit</strong>, or its authorized agent, the applicable renewal fee,which <strong>Foxit</strong>, or its authorized agent, shall invoice prior to the end of the preceding term,unless terminated by You at least 30 days prior to the expiration of the then current Support,Maintenance and Upgrade Protection Term. The Support, Maintenance and UpgradeProtection Fee for renewal shall be equal to the Support, Maintenance and UpgradeProtection Fee for the immediate preceding annual term plus an increase by a percentagenot to exceed the Consumer Price Index (CPI), as published by the U.S. Department of Labor.In addition, Support, Maintenance and Upgrade Protection shall be discontinued for any andall subsequent Support, Maintenance and Upgrade Protection Terms for which You fail topay <strong>Foxit</strong> the invoice within ten (10) days after the prior Support, Maintenance and UpgradeProtection expiration date.<strong>5.5</strong>. Exceptions. For use of the Product or a Beta Software Product, only the MaintenanceServices and Exclusions paragraphs of this section apply. For use of the Product underEducational Use terms, the Maintenance Services and Exclusion paragraphs apply as long asYou pay for the maintenance period defined under Your Single-Use Term License.6. PAYMENT TERMS. Unless explicitly set forth in this Agreement, all fees and other amounts dueunder this Agreement are non-cancelable and non-refundable. Unless otherwise agreed to bythe parties, You shall pay all fees or amounts within 30 days of the date of the invoice. A late feeshall be charged on any overdue amounts and any other fees and expenses not paid as providedunder this Agreement at the rate of one and one-half percent (1½ %) per month, or the highestrate allowable under applicable law, whichever is less, commencing with the date payment wasdue.7. TAXES. The fees and all other amounts due as set forth in this Agreement are net amounts tobe received by <strong>Foxit</strong>, exclusive of all taxes, duties, and assessments, including without limitationall sales, withholding, VAT, excise, ad valorem, and use taxes (collectively, the “Taxes”), and arenot subject to offset or reduction because of any Taxes incurred by You or otherwise due as aresult of this Agreement. You shall be responsible for and shall pay directly, any and all Taxesrelating to the performance of this Agreement, provided that this paragraph shall not apply totaxes based solely on <strong>Foxit</strong>’s income.8. CONSENT TO USE OF DATA. If <strong>Foxit</strong> provides any support services to You, You agree that <strong>Foxit</strong>and its affiliates may collect and use all information You provide as a part of any such supportservices related to the Product. <strong>Foxit</strong> agrees not to use this information in a form thatpersonally identifies You. <strong>Foxit</strong> maintains user login information under which <strong>Foxit</strong> may collectyour <strong>Foxit</strong> product login email only. Collection of this information occurs in accordance with the<strong>Foxit</strong> Privacy Policy (http://www.foxitsoftware.com/privacy.php)9. INTELLECTUAL PROPERTY RIGHTS. Subject to the license grant hereunder, all right, title andinterest in and to the Product, the accompanying printed materials, and any copies of the Productare owned by <strong>Foxit</strong> and its licensors.10. EXPORT RESTRICTIONS. You acknowledge that Product is of U.S. origin. You agree to comply6

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